Assembly Bill A9318

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9318
 
                           I N  A S S E M B L Y
 
                             February 29, 2024
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to limiting the
   frequency of traffic stops for  minor  violations  in  furtherance  of
   racial  equity  and public safety; and to amend the criminal procedure
   law, in relation to the basis for a  motion  to  suppress  or  exclude
   evidence

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 1106 to read as follows;
   § 1106. RESTRICTION OF TRAFFIC STOPS FOR LIMITED REASONS. (A) WHERE NO
 OTHER  REASON FOR A MOTOR VEHICLE STOP EXISTS, A LAW ENFORCEMENT OFFICER
 MAY NOT INITIATE A  STOP  FOR  A  VIOLATION  OF  ANY  OF  THE  FOLLOWING
 PROVISIONS OF THIS CHAPTER:
   (1)  FAILURE TO DISPLAY CERTIFICATE OF INSPECTION PURSUANT TO SUBDIVI-
 SION (B) OF SECTION THREE HUNDRED SIX;
   (2) FAILURE TO EQUIP A MOTOR VEHICLE WITH TWO  WORKING  HEADLIGHTS  OR
 TAILLIGHTS  PURSUANT  TO SUBDIVISION TWO OF SECTION THREE HUNDRED SEVEN-
 TY-FIVE, EXCEPT THAT AN OFFICER MAY STOP A MOTOR  VEHICLE  DRIVEN  AFTER
 SUNSET  IF  IT  DOES NOT HAVE AT LEAST ONE FUNCTIONING HEADLIGHT AND ONE
 FUNCTIONING TAILLIGHT;
   (3) FAILURE TO EQUIP  MOTOR  VEHICLE  WITH  WHITE  LIGHT  ILLUMINATING
 NUMERALS  OF A NUMBER PLATE PURSUANT TO SUBDIVISION TWO OF SECTION THREE
 HUNDRED SEVENTY-FIVE, WHERE NUMBER ON NUMBER PLATE IS OTHERWISE DISCERN-
 IBLE;
   (4) DRIVING WITH A TINTED WINDSHIELD OR WINDOW PURSUANT TO SUBDIVISION
 TWELVE-A OF SECTION THREE HUNDRED SEVENTY-FIVE;
   (5) AFFIXING OBJECTS TO  WINDOWS  OR  HANGING  OBJECTS  FROM  REARVIEW
 MIRROR  PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED SEVENTY-
 FIVE;
   (5) DRIVING WITH A MISSING OR BROKEN BRAKE LIGHT PURSUANT TO  SUBDIVI-
 SION FORTY OF SECTION THREE HUNDRED SEVENTY-FIVE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08933-01-3
              

 A. 9318                             2
 
   (6)  FAILURE TO DISPLAY CERTIFICATE OF REGISTRATION OR DRIVING WITH AN
 EXPIRED REGISTRATION PURSUANT TO SECTION FOUR HUNDRED ONE;
   (7) FAILURE TO PROPERLY DISPLAY LICENSE PLATES PURSUANT TO SUBDIVISION
 ONE  OF  SECTION FOUR HUNDRED TWO, WHERE NUMBER ON REAR LICENSE PLATE IS
 DISCERNIBLE; OR
   (8) FAILURE TO SIGNAL WHEN MAKING A TURN OR SWITCHING  LANES  PURSUANT
 TO SECTION ELEVEN HUNDRED SIXTY-THREE.
   (B)  A LAW ENFORCEMENT OFFICER WHO WITNESSES A VIOLATION OF ONE OF THE
 ABOVE PROVISIONS MAY MAIL A WARNING LETTER TO THE  OWNER  OF  THE  MOTOR
 VEHICLE AT ISSUE NOTIFYING THEM OF THE VIOLATION AND DATE OF ITS COMMIS-
 SION.
   (C)  EVIDENCE OBTAINED IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION
 ABOVE IS INADMISSIBLE AT ANY CRIMINAL PROCEEDING PURSUANT TO SUBDIVISION
 EIGHT OF SECTION 710.20 OF THE CRIMINAL PROCEDURE LAW.
   (D) EVIDENCE OBTAINED PURSUANT TO VIOLATIONS OF  OTHER  PROVISIONS  OF
 THIS  CHAPTER  IS  INADMISSIBLE  AT  ANY CRIMINAL PROCEEDING PURSUANT TO
 SUBDIVISION EIGHT OF SECTION 710.20 OF THE CRIMINAL PROCEDURE LAW UNLESS
 THE LAWFULNESS OF THE ENCOUNTER IS CORROBORATED BY VIDEO RECORDING OR BY
 EVIDENCE OTHER THAN LAW ENFORCEMENT TESTIMONY.
   § 2. Section 710.20 of the criminal procedure law is amended by adding
 a new subdivision 8 to read as follows:
   8. CONSISTS OF  EVIDENCE  OBTAINED  IN  VIOLATION  OF  SECTION  ELEVEN
 HUNDRED SIX OF THE VEHICLE AND TRAFFIC LAW.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law.